senate Bill S3055A

2013-2014 Legislative Session

Authorizes dispensing audiologists, employed by an otolaryngologist who has conducted an evaluation for hearing loss, to dispense hearing aids for a profit

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jun 06, 2013 print number 3055a
amend and recommit to consumer protection
Jan 29, 2013 referred to consumer protection

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3055 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §802, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5164B
2009-2010: S7670

S3055 - Bill Texts

view summary

Authorizes dispensing audiologists, employed by a otolaryngologist who has conducted an evaluation for hearing loss, to dispense hearing aids for a profit; requires certain disclosures.

view sponsor memo
BILL NUMBER:S3055

TITLE OF BILL: An act to amend the general business law, in relation
to permitting certain audiologists to dispense hearing aids for a
profit

PURPOSE: To allow audiologists employed by a physician to dispense
hearing aids for a profit to patients.

SUMMARY OF PROVISIONS:

Section 1 adds that a dispensing audiologist, employed by a physician
who has conducted a medical evaluation of hearing loss, may dispense
hearing aids for a profit.

Section 2 contains the effective date.

JUSTIFICATION: At this time, hearing impaired individuals must be
evaluated and diagnosed by an otolaryngologist, better known as an
Ear-Nose-and-Throat doctor (ENT), and may be referred to an
audiologist to conduct further hearing tests and to obtain hearing
aids. Audiologists are often employed by otolaryngologists and have
received significant training in treating the hearing impaired
patients and should be allowed to dispense and repair hearing aids for
a profit. Currently, an independently practicing audiologist is
allowed to dispense for a profit, this bill would extend this same
treatment to audiologists who work in a physician's office. This will
allow patients to see fewer doctors and specialists, saving them
treatments costs and eopayments. Any physician's office who employs an
audiologist and dispenses hearing aids would be required to disclose a
list of 5 other licensed hearing aid dispensers within their
respective county as well as disclose that there will be a profit made
from the sale of the device, this will ensure consumers are aware of
their choices.

LEGISLATIVE HISTORY: 2011-12: S. 5164-B Referred to Consumer
Protection; A. 1739-B Higher Education

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3055

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business  law,  in  relation  to  permitting
  certain audiologists to dispense hearing aids for a profit

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 802 of the general business law, as added by  chap-
ter 599 of the laws of 1998, subdivision 1 as designated and subdivision
2  as  added  by  chapter 301 of the laws of 2000, is amended to read as
follows:
  S 802. Special provisions; not-for-profit sales. 1.   [No]  EXCEPT  AS
PROVIDED  IN  SUBDIVISION  THREE OF THIS SECTION, NO otolaryngologist or
other licensed physician who has conducted a medical evaluation of hear-
ing loss shall engage in the business of dispensing hearing aids  for  a
profit.   No  otolaryngologist  or  other  licensed  physician  who  has
dispensed a hearing aid shall refuse  or  fail  to  perform  repairs  or
service on any hearing aid that they have dispensed.
  2.  Every  licensed physician who engages in the dispensing of hearing
aids in compliance with the provisions of this section shall be required
to comply with sections seven hundred ninety-one, seven hundred  ninety-
eight and eight hundred three of this article, in addition to compliance
with this section.
  3. AN AUDIOLOGIST LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE
EDUCATION  LAW  WHO  IS  A  HEARING  AID DISPENSER AND IS EMPLOYED BY AN
OTOLARYNGOLOGIST OR OTHER LICENSED PHYSICIAN WHO HAS CONDUCTED A MEDICAL
EVALUATION OF  HEARING  LOSS,  MAY  DISPENSE  HEARING  AIDS  FOR  PROFIT
PROVIDED  THAT  THE OTOLARYNGOLOGIST OR OTHER LICENSED PHYSICIAN WHO HAS
CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE PATIENT A
LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING AID DISPEN-
SERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE SAME  COUNTY  IN  WHICH
THE  OTOLARYNGOLOGIST'S  OR PHYSICIAN'S OFFICE IS LOCATED, AND A WRITTEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01171-01-3

S. 3055                             2

STATEMENT DISCLOSING THAT THE PHYSICIAN'S OFFICE WILL RECEIVE  A  PROFIT
FROM  THE  SALE OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST
FEWER THAN FIVE HEARING AID DISPENSERS WITHIN THE SAME COUNTY  IN  WHICH
THE  OTOLARYNGOLOGIST'S  OR  PHYSICIAN'S  OFFICE  IS  LOCATED,  THEN THE
OTOLARYNGOLOGIST'S OR PHYSICIAN MUST  PROVIDE  TO  THE  PATIENT  A  LIST
CONTAINING  THE  NAME  AND OFFICE LOCATION OF THE HEARING AID DISPENSERS
WITH  A  PLACE  OF   BUSINESS   WITHIN   THE   COUNTY   IN   WHICH   THE
OTOLARYNGOLOGIST'S OR PHYSICIAN'S OFFICE IS LOCATED.
  S 2. This act shall take effect immediately.

Co-Sponsors

S3055A (ACTIVE) - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §802, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5164B
2009-2010: S7670

S3055A (ACTIVE) - Bill Texts

view summary

Authorizes dispensing audiologists, employed by a otolaryngologist who has conducted an evaluation for hearing loss, to dispense hearing aids for a profit; requires certain disclosures.

view sponsor memo
BILL NUMBER:S3055A

TITLE OF BILL: An act to amend the general business law, in relation
to permitting certain audiologists to dispense hearing aids for a
profit

PURPOSE: To allow otolaryngologists to sell and/or dispense hearing
aids for profit to patients.

SUMMARY OF PROVISIONS:

Section 1 removes the prohibition of otolaryngologists to engage in
the business of dispensing hearing aids for profit and requires them
to conduct repairs and maintenance on hearing aids they dispense.

Section 2 provides for an effective date.

JUSTIFICATION: At this time, hearing impaired individuals must be
evaluated and diagnosed by an otolaryngologist, better known as an
ear-nose and throat doctor, and may be referred to an Audiologist to
conduct further hearing tests and obtaining hearing aids. Audiologists
have a limited scope of practice while otolaryngologists have received
significant training in treating the hearing impaired patients and
should be allowed to dispense and repair hearing aids. This will allow
patients to see fewer doctors and specialists, saving them treatments
costs and copayments.

LEGISLATIVE HISTORY: 2009-10 A. 10056-Referred to Higher Education

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect immediately

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3055--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sens. LITTLE, AVELLA, LATIMER, MARCHIONE, ZELDIN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee   on  Consumer  Protection  --  committee  discharged,  bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  general business law, in relation to permitting
  certain audiologists to dispense hearing aids for a profit

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 802 of the general business law, as added by chap-
ter 599 of the laws of 1998, subdivision 1 as designated and subdivision
2 as added by chapter 301 of the laws of 2000, is  amended  to  read  as
follows:
  S  802.  Special  provisions; not-for-profit sales. 1.  [No] EXCEPT AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION,  NO  otolaryngologist  or
other licensed physician who has conducted a medical evaluation of hear-
ing  loss  shall engage in the business of dispensing hearing aids for a
profit.  No  otolaryngologist  or  other  licensed  physician  who   has
dispensed  a  hearing  aid  shall  refuse  or fail to perform repairs or
service on any hearing aid that they have dispensed.
  2. Every licensed physician who engages in the dispensing  of  hearing
aids in compliance with the provisions of this section shall be required
to  comply with sections seven hundred ninety-one, seven hundred ninety-
eight and eight hundred three of this article, in addition to compliance
with this section.
  3. AN AUDIOLOGIST LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE
EDUCATION LAW WHO IS A HEARING AID  DISPENSER  AND  IS  EMPLOYED  BY  AN
OTOLARYNGOLOGIST WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS,
MAY  DISPENSE HEARING AIDS FOR PROFIT PROVIDED THAT THE OTOLARYNGOLOGIST
WHO HAS CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES  TO  THE
PATIENT  A  LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01171-02-3

S. 3055--A                          2

AID DISPENSERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE  SAME  COUNTY
IN  WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED, AND A WRITTEN STATE-
MENT DISCLOSING THAT THE OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT
FROM  THE  SALE OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST
FEWER THAN FIVE HEARING AID DISPENSERS WITHIN THE SAME COUNTY  IN  WHICH
THE  OTOLARYNGOLOGIST'S  IS  LOCATED,  THEN  THE  OTOLARYNGOLOGIST  MUST
PROVIDE TO THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF
THE HEARING AID DISPENSERS WITH A PLACE OF BUSINESS WITHIN THE COUNTY IN
WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED.
  S 2. This act shall take effect immediately.

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